The law allows a court to order child support for an adolescent with disabilities until they reach 26. However, they must meet specific statutory requirements.
Parents often reach voluntary agreements concerning permanent child support in New Canaan when their son or daughter cannot live independently.
An experienced child support attorney can help you create an agreement to share the expense of providing the care your child requires. Call today to schedule an initial consultation.
The obligation to pay child support usually ends when a child turns 18 or graduates from high school. Sometimes a parent is ordered to pay for the child’s post-secondary education, but courts have no authority to extend that obligation past the child’s 23rd birthday.
Connecticut General Statutes § 46b-84 allows a judge to extend child support. To qualify for supplemental support, the child must:
For orders entered before October 1, 2023, a child may receive support until they reach 21, but orders entered October 1, 2023, or after can extend child support until the child reaches 26.
The child support guidelines do not apply when judges extend child support for disabled children. The judge evaluates the child’s needs, income, any property they own, and the parent’s income and other resources to determine the appropriate support amount. A New Canaan lawyer can help a parent prepare and present evidence demonstrating a child’s continued need for support into adulthood.
When parents divorce while the children are young, a disability afflicting a child might not yet be apparent. When a disability has been diagnosed, the extent of the child’s permanent impairment may be unknown until they are older.
In such cases, parents cannot present a compelling case to extend child support past the age of majority. However, a New Canaan attorney can include a provision in the child support agreement saying that the court agrees to retain jurisdiction to enter child support orders when the child is an adult, if appropriate.
If the court agrees to retain jurisdiction, a parent could later petition the court to extend child support into adulthood for a disabled child. However, the parent seeking ongoing support must present adequate evidence that the child requires it.
Severely disabled adults often receive Social Security payments and may be eligible for other benefits. However, the amount they receive is not adequate to allow them to live independently, and many disabled children cannot care for themselves without support.
Parents often provide a home for their disabled children as long as they can. Ideally, the non-residential parent recognizes the burden on the residential parent and agrees to contribute financially to the child’s well-being even after the child turns 26.
A skilled family law attorney in New Canaan can help parents negotiate an agreement to provide ongoing, permanent child support to a disabled adult child. When drafted and executed properly, the agreement is an enforceable contract that ensures the residential parent has the financial resources required to provide for the disabled child’s special needs. Call our law office today to speak with a lawyer and learn more.
Parents have an obligation to support their children until they are legal adults. When the child can never be self-supporting because of a disability, the legal obligation lasts longer. Many parents voluntarily support their disabled children throughout their lives.
If you have a severely disabled child and do not live with your coparent, speak with a compassionate lawyer today. They can explain your legal rights and obligations and discuss strategies to ensure your child gets the necessary care.
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